Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45430 of 2025 Arising Out of PS. Case No.-17 Year-2024 Thana- BAKHARPUR District- Bhagalpur ====================================================== Umesh Paswan S/o Late Janu Paswan @ Fagu Paswan R/o Village- Hajipur Paschim, P.S.- Mirza Chauki, District- Sahebganj (Jharkhand) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bakharpur P.S. Case No. 17 of 2024, instituted for the offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

3. The prosecution case, in short, is that daughter of the informant was done to death at her matrimonial house due to non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.45430 of 2025(3) dt.01-09-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. Name of the petitioner has transpired in this case in course of investigation. It is next submitted that the petitioner is father of co-accused, Arvind Paswan. The petitioner is separate in mess and business from the husband of the deceased. It is further submitted that the Trial is in progress and three witnesses have already been examined in this case. The petitioner is in custody since 10.06.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph nos. 6, 7, 8 and 9 of the case diary, it is submitted that witnesses have supported the prosecution case. Post-mortem report corroborates the allegation levelled against the petitioner and others. It is fervently submitted that dead body was found in two pieces. Referring to paragraph no. 74 of the case diary, it is submitted that petitioner has confessed his guilt in his confessional statement.

6. Considering the aforesaid facts and circumstances of the case, present stage of the case, nature of accusation and

Patna High Court CR. MISC. No.45430 of 2025(3) dt.01-09-2025 3/3 the gravity of the offence, this Court is not inclined to grant bail to the petitioner at this stage.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T